The man was originally sentenced to three to ten years in prison for the particularly serious crime of abuse of authority of an official. Today’s sentence is final, the court also approved the sentence proposed in the agreement.
“As a mitigating circumstance, the fact that the defendant was a person who had not yet been punished by court can be assessed, so it was an excess from his previous normal life. He made a full confession, showed remorse, and that confession is part of the plea deal. One record in the misdemeanor register speaks against him,” said judge Karolína Hoderová.
According to the prosecutor David Pivoda, the prohibition of activity in this case is superfluous, because the man can no longer perform the work of a police officer due to his record in the criminal record.
Fiala was released from the Lipnik city police immediately after the incident, somewhat paradoxically because he refused a breathalyzer test. Which suggests he was probably drunk himself.
“He was asked to take a breath test by both the police and the mayor, but he refused. Because he is obliged to submit to a breathalyzer test at the request of his employer, but he did not do so, his employment relationship was terminated,” Lipník deputy mayor Ondřej Vlček summarized earlier.
The second constable was only a witness in the case
The event took place last year on February 11 at Osvobození square. According to prosecutor David Pivoda, Fiala, as a police officer, abused the defenselessness of the man, who at the time was lying on his back in a state of severe intoxication bordering on alcohol poisoning.
“He stepped on his left cheek with his right foot with moderate to moderate intensity and kept his foot in this position for six to seven seconds. After that, he put the sole on the left side of his face again, and in addition, he kicked the man, who was trying to stand up, in the right side of his back,” said Pivoda.
The constable caused a bruise on the face of a drunken man, whom he also rudely insulted during the procedure, it was a minor injury requiring one-time treatment. “Such an intervention, and especially a kick, was not needed at all, for example, to ward off an attack,” added the prosecutor.
The attacked man had over three per million of alcohol and was then taken to the detention station.
The intervention of the police patrol was captured by witnesses on a mobile phone and the recording appeared on social networks. He caused a stormy discussion at the time. The move was also condemned by the management of the town hall, the mayor of Lipník nad Bečvou Miloslav Přikryl (Union for Lipník) said at the time that it was a rare failure.
The police investigated the case for several months and charged Fiala at the end of October. The second of the officers acted as a witness in the case and continues to work for the city police.
“No wrongdoing or wrongdoing was found on his part. His behavior was a natural reaction in the given situation and there were no swear words from his side,” explained the head of the Lipnice police officers, Pavel Maloch, already last year.